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Welcome to Yenibiz.co.uk - Online shop for SPARES and machines for KUBOTA, ISEKI, YANMAR tractors
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GENERAL SALES TERMS

ARTICLE I. – SCOPE OF THE CONTRACT


These general terms of sales, services and payments are applicable to all contracts agreed between the seller and third parties (professional and non-professional buyers) within the framework of the seller’s internet sales site.
The fact of making an order means that the buyer fully agrees, without reserve, with these general sales terms. Any conflicting term imposed by the buyer, unless expressly agreed, shall therefore not be able to be invoked to the seller at whatever time it may be brought to their notice.



ARTICLE II. – DEFINITIONS AND ADDRESS DETAILS



II.1.

The seller is YENIBIZ SPRL, Rue du Bois Marie, 29-B-4500 HUY – Belgique – TVA n° BE 0870 641 910 – Email : info{AT}yenibiz.com.

II.2.

The non-professional buyer is defined as any individual or legal entity which acquires or uses the products presented by the seller for purposes other than professional.

II.3.


The professional buyer is defined as any entity not falling within the definition in article II.2, i.e., any individual or legal entity who acquires or uses the products presented by the seller onto the market for partly or fully professional purposes, their accounts and tax declarations providing proof of this.
The professional buyer cannot claim special legal protection which has been established for the consumer by the Law on Business Practices.

ARTICLE III. – FORM OF THE CONTRACT



III.1.


The service offered by the seller at their on-line sales website is exclusively reserved for persons who are legally able to subscribe to contracts under European law.
The information stated by the buyer during the making of the order is binding. The seller shall not be held responsible where a product may not be able to be delivered in the case of an error in the wording of an address of an addressee.
The technical descriptions and photographs of the products offered have been drawn up by specialists and are continually updated. However, the seller cannot be held responsible in the case of any errors which may occur in them. Any errors shall be rectified within the shortest delay.

III.2.


The seller shall provide an order confirmation for all orders, confirming in particular the price and quantities of goods ordered, including taxes and carriage costs applying and the total amount to be paid by the buyer as well as the delivery address.
The order is definitive when the order confirmation has been accepted and payment has been made by the buyer.
The range of products is valid within the limits of available stock. 

III.3.


The contract is taken to be made on the day the confirmation e-mail is sent to the buyer. 


III.4.


The contract is then taken to be agreed at the company’s head office in Belgium. 

III.5.


The agreed contract is archived.

ARTICLE IV. – PROOF OF THE CONTRACT

Without prejudice to the above articles, the contracting parties agree that the data entries that have been made within their respective IT systems are allowed as proof of their relationship linked by this contract.

ARTICLE V. – RIGHT TO CANCEL


This article only applies to the non-professional buyer as defined in article II.


V.I. – Definition of the right to cancel


In accordance with the European Directive 1997/7, the buyer has the right to notify the seller of cancellation of the purchase, without penalty and without stating the reasons, within fourteen working days of the day following the delivery of the product.

V.2. – Cancellation terms


The buyer must notify their decision to cancel to the seller by e-mail and must return the product which has been delivered to the address stated on the delivery slip at their own cost and liability.
The products must be accompanied by the invoice and the original delivery slip.
Products returned in this way must not have been unpacked, unsealed or used in any way whatsoever. They should therefore be returned in their original packaging, unopened.
Any opening of the originally sealed packaging shall mean that the product is presumed to have been used.The seller shall examine the condition of the returned goods within two weeks of their receipt.
If the products or their packaging has been damaged, the seller shall advise the buyer of this and shall return them at the buyer’s expense to the order address as defined in article VI.1.
If the products are returned in their original packaging without having been damaged or used, the seller shall credit the buyer with the purchase price, less the initial transport costs and less 20% for administration costs, after the aforementioned two-week deadline for checking the products.

ARTICLE VI. – DELIVERY



VI.1. – Delivery address – mandatory


The buyer must state on the order where the merchandise is to be delivered.
Delivery can be made to any address of the buyer’s choice, with the exception of a Post Office Box number.

VI.2. – Delivery deadline and type


The seller undertakes to deliver the merchandise within 3 weeks starting from the reception date of the payment. The orders under 30 kg will be dispatched with the Belgian Post services. Above that weight of 30 kg or when the volume of the package makes it necessary, the order will be shipped with a private transportation company.
The seller undertakes to advise the buyer of any delay in delivery outside of their control. 
If this delay exceeds the deadline initially stated by the seller by thirty days, the buyer can cancel the sale without compensation to either party.
The buyer should advise the seller by e-mail, within two days of being advised of the delay by the seller.
The buyer shall then be credited with the amount of the order and transport costs.

VI.3. - Liabilities


The merchandise is dispatched from the warehouse in Belgium or country of production. Transportation is at the addressee’s expense and liability.
The professional or non-professional buyer also assumes liability for transportation to the seller’s warehouse in Belgium of merchandise which falls within the application of article V (Right to cancel)

ARTICLE VII. – INVOICING


An invoice shall always be delivered, accompanying the delivery slip. The invoice date is supposed to be the shipping date.

ARTICLE VIII. – PAYMENTS



VIII.1. – Method of payment


Payment is made when the order is taken, according to the system chosen by the buyer. 
Payments shall be allowed by:


- VISA, MASTER CARD, EUROCARD.
- Direct Ebanking
- GiroPay
- IDeal
- Bank transfer


If the banking or credit organisation refuses to authorise the payment, the seller shall consider the sale as null and void.

VIII.2. – Interest


Any sum due to the seller carries, from its due date, and without notification of a demand being necessary, interest of 1% per month, any month commenced being due.
In addition, interest shall be due at a rate stated above in the case of any cancellation of payment whatsoever.In this case, interest shall also be calculated from the day after the issue of the invoice or order confirmation.


ARTICLE IX. – RECEIPT AND DEADLINE FOR COMPLAINTS



IX.1.


On the day of delivery, the buyer is obliged to receive the merchandise, to inspect it, and to check that it does or does not comply with the order made.

IX.2.


Complaints about the merchandise delivered not conforming to the order must be received by the seller within a deadline of at least eight calendar days from the date of delivery (It is the buyer’s responsibility to prove that the merchandise does not comply).
After this deadline, the merchandise shall be presumed to have been definitively agreed as complying by the buyer.

IX.3.


Complaints should only be sent by e-mail to the seller.

IX.4.


Complaints from the buyer regarding damage incurred during transportation should be stated on the transporter’s delivery slip at the time of delivery.
The seller cannot be held responsible for this damage in any case.

ARTICLE X. – CONTRACTUAL GUARANTEE



X.1. – Scope


The invoice and delivery slip will have to be produced for the application of this article.
No guarantee except for the articles of these general terms can be invoked.
No guarantee shall be able to be granted if the defects shown by an item sold results from inappropriate use, transportation or storage of the merchandise, or for any reason where the customer does not comply with the obligation for reasonable care, or any case of force majeur or accident.

X.2. – Length


The length of all guarantees, when a guarantee is of application, is stated in the description of the item on the seller’s website.
The guarantee starts from the date of delivery of the merchandise.

X.3. - Transport


The guarantee does not cover damage caused by transport.

ARTICLE XI. – PRIVACY PROTECTION



XI.1. - Confidential consultation of the website 


Each person can consult the seller’s website without revealing their identity or giving personal information.Only IP addresses are noted whilst the user preserves their anonymity. 
Knowledge of the IP addresses allows the seller to know the country of origin of the user and to assess the frequency of visits to the site. 
The type of computer and system being used can also be identified.

XI.2. - Posting of the order


When the user decides to acquire the items being sold by the seller via the system, this then means that he/she has to reveal their identity, e-mail address, postal address, and eventually other personal information required for completion of the contract.
When the information has been gathered, the seller uses it for administrating the current orders, and also saves it for making further ordering easier.
The user also authorises the seller to use this data for drawing up statistics in order to improve the website.
By ticking the “Opt-in” box at the bottom of the registration form, the buyer also authorises the seller to send them information relating to their business activities.
The buyer can withdraw this authorisation at any time by removing the tick in the “Opt-in” box.In accordance with the Belgian law of 8 December 1992 concerning protection of privacy and the use of personal data, the user has the right to access this data at any time, and the right to request that the seller corrects or removes it.

ARTICLE XII. – TRANSFER OF THE CONTRACT



XII.1.


The seller can transfer all rights pursuant to any contract concluded with its buyers to third parties.The transfer concerns both its rights and its obligations, with the sole condition that the seller informs the buyer of this situation.

XII.2.


On the other hand, the buyer cannot transfer their rights or obligations to a third party in any case without prior written consent of the seller.

ARTICLE XIII. – CODE OF CONDUCT AND SETTLEMENT OF DISPUTES



XIII.1.


The seller has decided to adhere to the Code of Conduct giving the right to Euro-Label certification which vouches for theseller meeting and applying the most recent European directives on remote selling, amongst others, and in particular the 2000/31/EC directive.

XIII.2.


The seller entrusts the settling of disputes to www.onlineconfidence.org, created by the European Chambers of Commerce to resolve on-line disputes.

XIII.3.


In the case where the procedure outlined in paragraph XIII.2 fails, and in accordance with article III.4, only Belgian law is applicable, and only Belgian courts have jurisdiction for resolving disputes between the parties.

XIII.3.


Only the French text is authentic.

About Yenibiz

Yenibiz sprl
Rue du Bois Marie, 29 B-4500 HUY
Belgium
Yanibiz e-mail
VAT Nr. : BE 0870 641 910
BANK IBAN BE13 671 946 066 939
BIC EURBBE99